CEDAR Duo – declickle and auto dehiss
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4.3 The Company shall have no liability to remedy any defect, failure, error or malfunction that
arises as a result of any improper use, operation or neglect of the System, or any attempt to
repair or modify the System by any person other than the Company or a person appointed with
the Company's prior written consent.
4.4 In the case of any defect or failure in the System occurring more than twelve months after
its supply to the Company's immediate customer the Company will at its option and for a
reasonable fee make good such defect or failure by repair or replacement (at the option of the
Company) subject to the faulty equipment having first been returned to the Company. The
Company will use reasonable efforts to return repaired or replacement items promptly, all
shipping, handling and insurance costs being for the account of the Licensee.
4.5 The above under takings 4.1 to 4.4 are accepted by the Licensee in lieu of any other legal
remedy in respect of any defect or failure occurring during the said period and of any other
obligations or warranties expressed or implied including but not limited to the implied warranties
of saleability and fitness for a specific purpose.
4.6 The Licensee hereby acknowledges and accepts that nothing in this Document shall impose
upon the Company any obligation to repair or replace any item after a time when it is no longer
produced or offered for supply by the Company or which the Company certifies has been
superseded by a later version or has become obsolete.
5. FORCE MAJEURE
The Company shall not be liable for any breach of its obligations here under resulting from
causes beyond its reasonable control including, but not limited to, fires, strikes (of its own or
other employees), insurrection or riots, embargoes, container shortages, wrecks or delays in
transportation, inability to obtain supplies and raw materials, or requirements or regulations of
any civil or military authority.
6. WAIVER
The waiver by either party of a breach of the provisions hereof by the other shall not be
construed as a waiver of any succeeding breach of the same or other provisions, nor shall any
delay or omission on the part of either party to exercise any right that it may have under this
Licence operate as a waiver of any breach or default by the other party.
7. NOTICES
Any notices or instruction to be given hereunder shall be delivered or sent by first-class post or
telecopier to the other party, and shall be deemed to have been served (if delivered) at the time
of delivery or (if sent by post) upon the expiration of seven days after posting or (if sent by
telecopier) upon the expiration of twelve hours after transmission.
8. ASSIGNMENT AND SUB-LICENSING
The Licensee may at his discretion assign the System and in doing so shall assign this Licence
its rights and obligations to the purchaser who shall without reservation agree to be bound by
this Licence. The original Licensee and any subsequent Licensees shall be bound by the
obligations of this Licence in perpetuity.
